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I.
LABOR STANDARDS ENFORCEMENT CASES
1. SUBJECT OF THE VISITORIAL AND ENFORCEMENT POWERS: THE ESTABLISHMENT AND NOT
THE EMPLOYEES THEREIN.
The subject of the visitorial and enforcement powers granted to the DOLE Secretary or his duly
authorized representatives under Article 128 is the establishment which is under inspection and not the
employees thereof.
Consequently, any awards granted are not confined to employees who signed the complaint
inspection but are equally applicable to all those who were employed by the establishment
concerned at the time the complaint was filed, even if they were not signatories thereto. The
reason is that the visitorial and enforcement powers are relevant to, and may be exercised over,
establishments, not over individual employees thereof, to determine compliance by such
establishments with labor standards laws. Necessarily, in case of an award from such violation by
the establishment, all its existing employees should be benefited thereby. It must be stressed,
however, that such award should not apply to those who resigned, retired or ceased to be employees at
the time the complaint was filed.
2. ORIGINAL JURISDICTION.
The DOLE Regional Directors exercise original jurisdiction over the following:
(a) Cases involving inspection of establishments to determine compliance with labor standards
(Visitorial Power); and (b) Cases involving issuance of compliance orders and writs of execution
(Enforcement Power).
3. VISITORIAL POWER OF REGIONAL DIRECTORS UNDER ARTICLE 128(a).
Pursuant to their visitorial power under Article 128(a), the DOLE Regional Directors shall have:
(a) access to employers records and premises at any time of the day or night, whenever work is
being undertaken therein; and (b) the right:
(1) to copy from said records;
(2) to question any employee and investigate any fact, condition or matter which may be necessary
to determine violations or which may aid in the enforcement of the Labor Code and of any labor
law, wage order, or rules and regulations issued pursuant thereto.
4. ENFORCEMENT POWER OF REGIONAL DIRECTORS UNDER ARTICLE 128(b).
The statutory basis of the authority of the DOLE Regional Directors to administer and enforce
labor standards is found
in Article 128(b) of the Labor Code, as amended.
Pursuant thereto, the DOLE Regional Director, in cases where the employer-employee
relationship still exists, shall have the power:
a. to issue compliance orders to give effect to the labor standards provisions of the Labor Code
and other labor legislations based on the findings of labor employment and enforcement officers
or industrial safety engineers made in the course of inspection.
b. to issue writs of execution to the appropriate authority for the enforcement of their orders,
except in cases where the employer contests the findings of the labor employment and
enforcement officer and raises issues supported by documentary proofs which were not
considered in the course of inspection, in which case, the contested case shall fall under the
jurisdiction of the Labor Arbiter to whom it should be endorsed by the Regional Director.
c.
employer contests the findings of the labor employment and enforcement officer and raises issues
supported by documentary proofs which were not considered in the course of inspection.
In interpreting the afore-quoted provision of the exception clause, three (3) elements must concur
to divest the Regional Directors or their representatives of jurisdiction thereunder, to wit:
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(a) That the employer contests the findings of the labor regulations officer and
raises issues thereon; (b) That in order to resolve such issues, there is a need to
examine evidentiary matters; and (c) That such matters are not verifiable in the
normal course of inspection.
1.
VISITORIAL AND ENFORCEMENT POWERS
The appellate power in No. 3 above may only be exercised by the DOLE Secretary in respect to
any decision, order or award issued by the DOLE Regional Directors.
3. NATURE OF THE VISITORIAL AND ENFORCEMENT POWERS.
The visitorial and enforcement powers granted to the DOLE Secretary and the DOLE Regional
Directors who are his
duly authorized representatives, are quasi-judicial in nature.